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COA: Sentencing court must hear inmate’s habeas petition

August 11, 2014

A man serving a 60-year murder sentence at the Pendleton Correctional Facility must seek relief in the court where he was sentenced, the Indiana Court of Appeals ruled Monday.

Marcus Richardson was convicted of murder and conspiracy to commit murder in 1994 in Marion County, but he claims he has unsuccessfully attempted multiple times to obtain an arrest warrant and probable cause affidavit related to his case.

He filed a verified petition for writ of habeas corpus last year in Madison Superior Court, and filed a pro se appeal when that court transferred the petition to the court where he was convicted and sentenced.

“As Richardson’s petition attacks the validity of his conviction and sentence, it falls within Indiana Post-Conviction Rule 1(1)(c) and must be transferred to the sentencing court,” Judge Melissa May wrote in Marcus Richardson v. Wendy Knight, 48A04-1312-MI-625.
 
“The trial court did not err when it transferred Richardson’s petition to the sentencing court, and accordingly we affirm.”

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